A teenager who broke into a woman’s house and brutally raped her has complained about his sentence even though he was only jailed for two years.
The offender who cannot be named for legal reasons, broke into a home in Bundaberg sometime before midnight on January 28, 2018.
The teen, who was 16 at the time, looted the house before raping a woman inside, choking her and threatening her while she pleaded for him to stop.
A court judgment published online has revealed the offender’s attempts to walk free early.
The teenager, who is now 18, was sentenced to four and a half years detention on November 30, 2018, with half of the sentence to be served in the community.
Court papers have revealed the horrific chain of events leading to the teenager’s imprisonment.
Police facts indicate the victim woke up to the teenager removing her pants, before pushing her up against a wall and raping her.
When she tried to fight against him the offender grabbed the front of her throat with two hands, telling her to ‘shut the f**k up’.
The teenager fled the house and broke into a series of cars in the nearby streets on the way out.
The victim lay awake in bed in horror for half an hour before another housemate reported the break in and she revealed she had been raped.
After being arrested the teen used a fake alibi to deny committing the rape but he was eventually caught because of DNA evidence from a rape kit.
He was sentenced to four and a half years detention, after pleading guilty to rape, burglary, stealing, and break and enter at the Children’s Court of Queensland in 2018.
The offender has since tried to have the sentence reduced for being ‘excessive’ in the Queensland Court of Appeal.
However the court dismissed the appeal because the rape was premeditated.
The court found the applicant had spent 20 minutes in he house before the rape occurred, meaning it was planned to some degree and couldn’t be treated as opportunistic.
The appeal was also dismissed because of the violent nature and the need to protect the community from potential further offences.
The teen will be released from detention, and remain under supervision in February 2021.